written statement
Under Order VIII Rule 1 of the Code of Civil Procedure, 1908 the defendant must file a written statement within thirty days from service of summons; the court may extend the time for recorded reasons up to ninety days. In Kailash v. Nanhku the Supreme Court held the ninety-day limit directory for ordinary suits, so the court can allow a later written statement in exceptional cases. In commercial suits the outer limit of 120 days is mandatory.
The written statement must deal specifically with each allegation of fact; an allegation not denied specifically or by necessary implication is taken as admitted (Order VIII Rules 3 to 5). It must state new facts on which the defendant relies, such as limitation or payment (Rule 2). The defendant may claim set-off (Rule 6) or file a counterclaim (Rule 6A). A defendant who fails to file it may face judgment under Rule 10.
Example
The defendant's evasive denial of the loan in the written statement was treated as an admission under Order VIII Rule 5.
In Indian law
- Order VIII Rules 1–10, Code of Civil Procedure, 1908
- Kailash v. Nanhku, 2005 INSC 186: 90-day limit directory
See also
plaint · pleadings · counterclaim · defendant
Read more in the study notes
- Lok Adalats and Permanent Lok Adalats (Alternative Dispute Resolution Systems)
- Principal steps in arbitration and interim measures (Alternative Dispute Resolution Systems)
- Stages and procedure of conciliation under Part III (Alternative Dispute Resolution Systems)
- Rights of a banker: lien, set-off, appropriation and charges (Banking Law)
- Trial before a Court of Session (Bharatiya Nagarik Suraksha Sanhita)
- Trial of warrant-cases and summons-cases by Magistrates, and summary trials (Bharatiya Nagarik Suraksha Sanhita)